California Court of Appeal

In this foreclosure action to collect a loan secured by two parcels of real estate, summary adjudication of the judicial foreclosure cause of action entered in favor of plaintiff-bank and order for writ of sale of real property is reversed, where, because plaintiff failed to follow the requirements of Code of Civil Procedure section 726 by disposing of defendants’ property outside of judicial foreclosure and without defendants’ consent or waiver, plaintiff has waived any right to a deficiency judgment against defendants.

Appellate Information

• Decided 10/24/2014
• Published 10/24/2014

Judges

• Franson

Court

• California Court of Appeal

Counsel